Karnataka High Court
Ashok vs The Karnataka State Finance ... on 20 November, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2025:KHC-K:7035-DB
WA No. 200010 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO.200010 OF 2024 (GM-TEN)
BETWEEN:
ASHOK
S/O NINGAPPA TENGALE,
AGE: 51 YEARS,
OCC: TRANSPORT BUSINESS,
R/AT: GANESH NAGAR,
VIJAYAPURA - 586 101.
...APPELLANT
(BY SRI CHAITANYAKUMAR C.M., ADVOCATE)
AND:
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: HIGH COURT
THE KARNATAKA STATE FINANCE CORPORATION,
OF KARNATAKA
NEAR IBRAHIMPUR RAILWAY GATE,
BAGEWADI ROAD, VIJAYAPRUA - 586 101.
REPRESENTED BY AUTHORIZED OFFICER.
...RESPONDENT
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET AS THE
IMPUGNED ORDER DATED 23.08.2021 PASSED BY THE
LEARNED SINGLE JUDGE IN WRIT PETITION NO.81394/2012,
CONSEQUENTLY TO ALLOW THE WRIT PETITION AND QUASH
THE NOTIFICATION DATED 25.03.2012 ISSUED BY THE
RESPONDENT HEREIN, IN THE INTEREST OF JUSTICE AND
EQUITY.
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WA No. 200010 of 2024
HC-KAR
THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
Though this matter is listed today for orders, with the
consent of learned counsel for the appellant, it is taken up
for final disposal.
2. This appeal is filed challenging the order dated
23.08.2021 passed by the learned Single Judge in
W.P.No.81394/2012. There is a delay of more than two
years in filing the appeal. No proper explanation is given
for condonation of delay.
3. The case of the appellant is that the respondent
has issued a Notification to auction open plot Nos.8 and 12
situated in Mukund Nagar, Vijayapura, in the year 2010.
The appellant submitted his bid and paid the Earnest
Money Deposit (EMD) amount of Rs.1,05,000/- for both
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the open plots. Though the appellant was the highest
bidder and he paid 25% of the auction amount, the sale
deed was not executed in his favour. Due to some
litigation, the auction was not finalized. In the meanwhile,
the respondent refunded the EMD amount along with 25%
of auction amount i.e, Rs.3,45,000/- to the appellant.
Since the auction of the property was made in the year
2010 and it was not finalized, no confirmation order has
been issued in favour of the appellant. In the meantime, a
fresh Notification has been issued on 25.03.2012. The
appellant has challenged the same before this Court by
filing a petition in W.P.No.81394/2012, and the said Writ
Petition came to be dismissed on 23.08.2021.
4. The appellant now contends that as per the
auction held on 14.10.2010, the plots have to be allotted
in favour of the appellant.
5. As already noted above, the auction was held in
2010 and already 15 years is over and since this appeal is
filed after two years of disposing of the writ petition, it
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appears that the appellant is also not diligent in
prosecuting the case. Therefore, we hold that the
appellant has not made out any case. On the ground of
delay as well as on merit, the writ appeal deserves to be
dismissed.
Accordingly, the writ appeal is dismissed.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
VNR
